Tag: Theft

Theft Defined Under Georgia Law

Theft can occur in a variety of ways under Georgia law. The most common type of theft involves theft by taking, which Georgia statute defines as occurring when a person “unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.”

Georgia law also provides for several other types of theft, including:

theft by deception ( § 16-8-3.)

theft by conversion ( § 16-8-4.)

theft of services ( § 16-8-5.)

theft of lost or mislaid property ( § 16-8-7.)

theft by receiving property stolen in another state ( § 16-8-8.)

theft by bringing stolen property into the state ( § 16-8-9.)

theft by shoplifting ( § 16-8-14.), and

theft by extortion ( § 16-8-16.).

If you or a loved one are facing theft charges, contact us to begin mounting an aggressive defense.

If you or a loved one is being charged with or investigated for burglary charges in Georgia, you need the attention and assistance of a qualified, experienced criminal defense attorney who can protect your rights and freedom. With the severity of sentencing that accompanies an Atlanta burglary charge, attorneys dedicated to protecting you are a necessity.

A burglary conviction can result in a prison sentence of up to 20 years. If you have one or more prior convictions, you could be facing a mandatory minimum sentence of at least five years in prison. Even an incomplete alleged burglary attempt can result in a long prison sentence depending upon the severity of the intended criminal act. In order to ensure that you receive just and fair treatment and that your case is resolved to the most favorable degree possible.

The Georgia legal system is complicated so you need a defense attorney with an intimate understanding of both state law and your unique situation. We understand the inner workings of the Georgia legal system and are determined to protect your rights and freedom to the fullest possible extent. We believe wholeheartedly that anyone accused of burglary is innocent until proven guilty and will work diligently to ensure that your innocence is staunchly defended.

Whether you or your loved one has been officially charged with burglary or are simply under investigation, it’s imperative that you secure counsel as soon as possible. It is essential to work with an Atlanta burglary attorney who understands the state criminal justice system. Before you speak with detectives or other law enforcement agents, you need the counsel and protection of a criminal defense lawyer who is genuinely invested in obtaining the best possible outcome for you and your family.

Self-Incrimination- The act of exposing oneself generally, by making a statement to an accusation or charge of crime; to involve oneself or another person in a criminal prosecution or the danger thereof.

If you are a suspect of a crime, your rights and freedom need to be protected. You can accidentally harm or incriminate yourself and damage your case, which can jeopardize your freedom and any formal steps taken by law enforcement. Your rights and your future can be negatively impacted by what you say and what you do. Before speaking with law officials, seek a legal counsel.

According to the Fifth Amendment you have a Constitutional right not to testify against yourself.

In addition to legal help from a criminal attorney, there are other ways to avoid self-incrimination.

Do not talk to police. Anything you say can be used later against you in court. Remain calm and respectful and listen to your Miranda warnings.

Do not talk to others about the incident. Statements made to other people may be used during a trial.

If you’re being suspected of a crime, it can be scary. You may be tempted to say something that could ultimately find you guilty of a crime. If you have questions about your rights, contact us immediately. We will ensure that your constitutional rights are being met and help you invoke your Fifth Amendment rights. Don’t’ risk your innocence without qualified legal advice and assistance.

Immigrants facing removal proceedings for misdemeanor charges can now have their cases decided in jury trials after the New York Court of Appeals ruled 5-2 last month. The ruling stems from the case of Saylor Suazo, a noncitizen who stayed in the United States even after his visa had already expired. He faced trial for several charges of assault and harassment against the mother of his children, whom he threw to the floor, choked, and beat.

These charges were reduced to class-B misdemeanors, which are punishable by 90-day sentences and can usually be tried without a jury. Suazo, however, still faced deportation—a factor the trial judge did not feel entitled him to a jury trial.

Suazo was found guilty of the assault charge in 2012, a decision that was later affirmed by an appellate panel and then reversed 5-2 at the New York Court of Appeals.

Judge Leslie Stein, one of the judges in the majority, agreed that deportation is a consequence of having a state conviction and pointed out that non-citizens tend to face removal even for class-B misdemeanors. She, however, maintains that only Congress holds the authority to decide whether deportation is an appropriate penalty for federal and state criminal law convictions.

“A noncitizen who is adjudicated deportable may first face additional detention, followed by the often-greater toll of separation from friends, family, home, and livelihood by actual forced removal from the country and return to a land to which that person may have no significant ties,” Stein wrote in the Court’s 22-page opinion.

Judge Michael Garcia, who, along with Judge Rowan Wilson, dissented from the majority’s decision, explained that petty crimes cannot be transported to more serious ones covered by the Sixth Amendment simply because of the threat of deportation. He held that the Supreme Court needs to hear and decide on the matter.

Additionally, Garcia warned that the ruling not only establishes special treatment for removal cases but also sets the stage for other class-B misdemeanor cases to demand jury trials.

“It is doubtful that importing federal immigration law into the penalty analysis was something the Supreme Court intended when it made the Sixth Amendment right to trial by jury for ‘serious’ offenses applicable to the states,” Garcia argued. “In the end, the Supreme Court has the ultimate authority to settle this issue,” he posited, running contrary to the majority’s view that the ball is in the legislative’s court.

The Bronx District Attorney’s Office believes that the ruling goes against a Supreme Court precedent, adding that they intend to bring the case to the high court given the Court of Appeals ruling. Mark Zeno, who represented Suazo out of the Center for Appellate Litigation, lauded the Court’s decision, adding that the D.C. Circuit has also upheld the right to jury trials for non-citizens facing deportation.

If you, or a loved one, are facing a similar immigration case and need assistance, call our office today at (678) 324-8511 to schedule a consultation with an immigration attorney or click here.

Felony theft is the theft of property that is valued more than $500. Depending on the severity of the theft, a judge can decide to deem a theft of items valued over $500 as a misdemeanor. This is solely at the discretion of the judge. If a judge considers the theft to be a felony, the punishment accompanying a conviction will be a sentence of imprisonment not to exceed 10 years (under certain circumstances) but no less than one year.

If you or a family member has been arrested for a theft, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed defense attorney on your team.

There are other circumstances under which a theft can be considered a felony.

They include:

-Any kind of theft involving a breach of a fiduciary relationship.
-The theft of any government property or bank property by an employee.
-Theft of a motor vehicle or part of a motor vehicle that is valued over $100.
-Theft of a destructive device, explosive or a firearm.
-Any theft committed while telemarketing, utilizing a computer or engaging in home repair or improvement.

Whether you are charged with felony or misdemeanor theft, there is one thing that remains constant: You are in desperate need of an experienced criminal defense attorney to take on your case. Attempting to fight your charges on your own will only make matters worse.